Re: H1 transfer. (Valid I94 & extension in process)


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Would appreciate your support in below situation. 

A. My current employer I797 and I94 are valid till mid September. Also, current employer has filed amendment and extension in regular processing and is in process. 

B. I have an opportunity with prospective employer. In above situation where  in previous employer extension petition is in process and my I94 is still valid, Can prospective employer file for transfer petition? 

C. If yes, still are there any risks involved for prospective employer? 

D. My prospective employer says they cannot file transfer petition until previous extension approval is received. Is it true? 

I would appreciate your assistance in this regards as you know PP is not available. 


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B. Yes.

C. None, unless it is one of those DCC'S.

D. If you think they will listen to your lawyer, first discuss this with a lawyer and then if he agrees that a new employer can file a H1 petition now, have him speak to your prospective employer.


If they will not file for you for whatever reason, this discussion is academic.

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